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HARYANA L ESTATE REGULATORY AUTHORITY

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l't April 20L9

Haryana Real Estate Regulatory Authority, G rugram prohibits any form of harassment,

including sexual harassment within the Au ty or in any organizational interaction. ln

a working environment in which womendoing so the Authority determined to pnterparts.

sment at workplace shall come into effect

from 1st April 2019.The focus of this policy i to provide a conducive work environment,

free from any fear or discrimination to all en employees. Further, in case where the

than what is formulated in the below

The Sexual Harassment at Workplacewomen are the victim the Authority ot

employees are treated as equal to their male

This policy on prevention of sexualha

mentioned POSH Policy, shall also abide

(Prevention, Prohibition & Redressal) Act 20

Act No. l6 of20lr1-r{u-a rBt+,rfi q Ffrrsl stfil

,.F#;For Haryana Real-Estate Regulatory

AuthoritY, Curugram

3 and Rules thereto.

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Policy on prevention of ual harassment at workplacePreamble:L. This policy on prevention of Sexual H

1't April 201,9. The Aurhority willmentioned POSH policy, shall also a(Prevention, prohibition & Redressal)

Haryana Real Estate Regulatoryharassment is a form of misconduct threlationship. The Authority affirmsenvironment which is free from all foconsidered harassing, coercive, or dis,

The Authority is committed towards cthat enables women to work withoutAuthority abide by the principle rhaimpaired when women are subjected

for redressal of complaints pertaining l

the case of misconduct, aggrieved w

ssment at Workplace shall be effective fromer than what is formulated in the below

de by The Sexual Harassment at Workplace\ct 2013 and Rules thereto.

uthority, Gurugram believes that sexualundermines the integrity of the employmentt all women have the right to work in anLs of discrimination and conduct that can betive such as sexual harassment.

ting a safe and healthy work environmentr of prejudice and sexual harassment. The

equality of employment can be seriouslyto gender specific violence such as sexual

sexual harassment and also ensuring that innen have a fair and lawful procedure for

licy shall include any one or more of thehether direct or by implication):

ehaviour, or pattern of conduct, that would

4.

harassment at workplace that affects t dignity of women at work.

HAREM, Gurugram POSH policy is aimof acts of sexual harassment at workpl

at prohibiting or deterring the commissionagainst women and to provide procedure

redressal of their complaints.

Sexual Harassment:Sexual harassment for the purpose of thisfollowing unwelcoming acts or behaviours (a. Any unwelcoming sexually determined

cause discornfort and/or humiliate anamely:. Physical contact and advances;o Demand or request for sexual favou

" .Email.: hareragurugrarn@gmail.com. rerzIIn Aurnont.y constituted under section 20 theAcr No. t6 of20l6

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to whom the conduct was directed

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HARYANA L ESTATE REGULATORY AUTHORITY

pictures,

b.

o Implied or explicit promise of prefe tial treatment in emPloYment;

o Implied or explicit threat of detrim tal treatment in emPloyment;

. lmplied or explicit threat about the sent or future emPloYment status;

ffiHARER/\ffiGURUGRAM

Repeatedly asking to socialize during t

sexual interest against a person's wish

The following circumstances if occurs

determined act or behaviour amounts t'

o lnterference with the Person's

hostile work environmenU or

o Humiliating treatment likely to a

ApplicabilitY:All women employees of the Authority' trai

the office of the AuthoritY'

Complaints Committee, Handling of Com

lf a woman is being harassed:

a) Must tell the accused that his behav

b) Keep a record of the incidents' if por

happened, alleged perpetrator's res

record of events to file a complaint'

her remember the details over time

c) Must file a complaint with the coml

along with suPPorting documents

oeriodPf 90 (ninetY) daYs from theu/*^ttnT,;,1fl,T,?,ffi1*1319?*s$rT?d.i!

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o Sexually coloured remarks or remarks f a sexual nature about a person's clothing

or body;pranks, sexual teasing, sexual

cartoons or other materialso Showing Pornography, making or ng sexual

jokes, sexuallY demeaning or offe

through email, SMS, MMS etc;ff-duty hours or continued expressions of

Giving gifts or leaving objects that a sexually suggestive at one's workstation'

washroom or any other Place where t can be located easilY;

Eve teasing, innuendos and taunts, ical confinements against one's will or any

such act likely to intrude upon one's p

Persistent staring, following, contacti

work; and

a person at odd hours except for office

o Any other unwelcoming physical' ve I or non-verbal conduct of sexual nature'

are present in relation to any sexually

sexual harassments:

or creating an intimidating or offensive or

his/her health or safetY'

consultants, advisors or Iawyers visiting

aint and DisciPlinarY action:

r is unwelcome and ask hirn to stoP'

ible (dates, times, locations, witnesses' what

onse). Though it is not mandatory to have a

t a iecord can strengthen the case and help

int committee appointed by the Authority'

nd names of the witnesses, if any, within a

Llleged incident'

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HARERA HARYAGURUG

Complaint Committee:The Authority shall approve the constiHARERA, Gurugram fhereinafter called ,,

shall be notified on the notice board of the

A REAL ESTATE REGULATORY AUTHORITYAM

ion of lnternal Complaint Committee ofdetailed of the committedmittee"). The

at a senior level in the organization amongst

ongst the employees, preferably who have

r an association committed to the cause ofissues relating to the sexual harassment at

uthority.

The committee shall have following memo Presiding Officer: A woman empl

the employees.At least three [3) members from aexperiernce in social work or have I lknowledge.One external member (from a NGOwomen or a person familiar withworkplace)

o More than 50% of the committee m

Tenure of the committee:

bers shall be women,

The tenure of the members (members as ntioned herein shall also deem to include thepresiding officer) appointed on the commibe extended at the discretion of the Autho

will be for a period of three years and rnay

Fee/honorariumThe member appointed from amongstassociations strall be paid such honorariumproceedings of' the ICC.

Quorum:

the non-governmental organisations oras decided by the Aurhority, for holding the

female members on the committee.

o Quorum for a valid meeting would five members personally present,o In absence of a valid quorum, the me ting of the committee shall be ad journed for

such period as may be decided by the p iding officer.o The Authority shall have the right too The quorum willalways have male a,

o The committee shall meet at least 4preside over the meeting.

ubstitute the members on the Committee.

times a year and the presiding officer shall

The committee shall be responsible for:o Receiving complaints of sexual haras ment at the workplace;

r the established procedure;

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Act No. 16 of2016 paq-fiw rfrP+rr< srk korsr o{fuftqc

o - Initiating and conducting inquiry as

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ffiHAREfu\#- GURUGRAM

o Submitting findings and recommenda

o Co-ordinating with the Authority in in

o Maintaining strict confidentiality thro

o Submitting annual rePorts

Handling ComPlaints:

a) If an aggrieved woman warrant's fo

sexual harassment experienced by h

committee maY extend the timeline

writing, that these reasons Prevencomplaint.

b) If the aggrieved woman is unable

incapacity or otherwise then her lega

knowledge of the incident maY do so

c)

d)

If the initial complaint is made to a

upon receiving such comPlaint, it

GURU

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report the same to the committee im iately.

The complaint should contain all the aterial and relevant details concerning the

alleged sexual harassment includin the details of the alleged accused and name

of the witnesses, if anY. The comP

harassments clearly and should not I

int should specify the incidents of sexual

general incidents,

e) PromPtlY upon receiving the int, the presiding officer shall proceed

convene a meeting of the commi . The committee may, before initiating any

inquiry and at the request of the vict take steps to settle the matter between the

victim and the alleged accused

settlement shall be made as a basis

rough conciliation, provided no monetary

conciliation. Where settlement is arrived at,

the committee shall record the settl nt so arrived and forward the same to the

Authority to take action as specifi in the recommendation with copies to the

e of such settlement no further inquiry shall

fter.

Email : hareragurugramrrr gmarl.com, rerzAn Authority constrtuted under-section 201'he

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HARYANA EAL ESTATE REGULATORY AUTHORITY

ons of inquires;

I intervention, she is exper:tecl to report

, within 90 days from the alleged incident,

or if it is series of incident then 90 d from the occurrence of the last incident,

to the presiding officer of the comm ,, in writing (each page should be duly

signed including all supporting docu nts) preferably in a sealed cover. In case of

a verbal complaint, the complaint will

presiding officer and signature ofreduced in writing by the receiver i'e the

the complainant will be obtained. The

lementing aPProPriate action;

out the Process;

another 90 days for reasons recorded in

the aggrieved woman from lodging the

o lodge the complaint on account of her

heir, co-worker or any other person having

n her behall with explicit consent'

personbe the

other than a committee member,

responsibility of the receiver to

all vjetim and the alleged accused. In

Tr"conducted bY the committee th

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Website : www.harera.inand Development) Act, 2016

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The complaint documents and all iconfidential. Any person involvedcomplainant, alleged accused a witnesses would be bound to maintainconfidentiality. Any breach of confi tiality may attract disciplinary action.

The person accused of shall be infobeen filed against him and he would

d shall be informed that a complaint hasasked to submit his explanation in writing

(including any supporting documen list of witnesses etc.), if any to the presidingofficer of the committee within 10would also be advised not to act in

ys of such information. The alleged accused

HARY REAt ESTATE REGUTATORY AUTHORITYGURUG

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The minutes of the meetings of the mittee shall be recorded, signed and keptin the custody of the presiding o of the committee.

sl

h)

rstigation carried out shall be kept strictlythe investigation, including the members,

i) The committee shall ensure that fair and just investigation is undertakenimmediately as per the principles of tural justice.

Both, the complainant and the allcommittee for ascertaining the fa

taliation.

accused would be summoned by theIn addition, other employees may be

i)

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interviewed to elicit sufficient factu information. Any person named as witnessttee to ascertain the facts in the complaint.may also be summoned by the com

The committee shall after exarecommendations to the Authority.

ination of the complaint, submit its

The committee shall adhere to the fo lowing timeline:o 90 days time.s to register plaint after the incident date or in case of

series of incidents, within 90o 90 days times to complete en

ys from the date of last incident.

. 10 days for report submissio after completion of enquiry.kl The complainant and the alleged used shall be informed of the outcome of

investigation. If the investigation ls that the complainant has been subjectedto sexual harassment, the accused all face disciplinary action including other

? 9*s as may be required by the Au./polky.

. Email : hareragurugrern@gmail.com, rer€An Authority constjtuted urrderlection 20 the

rity under the provision of law and/or this

.com, Website : www.harera.in;tate (Regulation and Development) Act, 2016by the ParliamentAct No. 16 of20l6 pa:

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ffiHARERA#- GURUGRAM

HARYANAGURUGR

ESTATE REGULATORY AUTHORITY

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The Authority shalltake suitable acti

the committee's recommendations'

n within a period of 60 days after receiving

m) ln case a member has a conflict of in in a particular complaint, then such a

member would be excluded from the mmittee [of that comPlaintJ

n) The Committee maY also termina the inquiry or give ex-parte decision, if,bsent for 3 consecutive hearings without

complainant or respondent remains

communicating any reason. In such 15 days' written notice to be given to

the party, before termination or ex- rte order.

DisciplinarY Action:mittee, appropriate disciplinary action

Where any misconduct is established by the

shall be taken against the accused by the uthority. Disciplinary action may include

actions including but not limited to written

or even dismissal.

rning, withholding promotion, suspenslon

Post implementation of the action, the secre ry, HARERA, Gurugram will follow up with

the complainant to ascertain whether the un awful behaviour has in fact stopped or not,

either of the Parties.and to ensure that there is no victimization

ConfidentialitY Action:

All information received through the i igation including the identity of the

complainant, respondent, witnesses and evidences shall be kept confidential and

ia. Any person [including witnesses) whonot published or made known to public or

breaches confidentiality shall be liable for di plinary action.

Protection against retaliation:de in good faith, the complainant lodging

Regardless of the outcome of the complaint

complaint, the accused and all the witne shall be protected from anY form of

retaliation, ln order to ensure this, the com ainant shall have the option to seek transfer

r-rf the perpetrator or her own transfer tcl ther cell or if deemed appropriate by the

Authority, may be granted leave for a perio upto 3 months.

Any untoward pressure, retaliatory or an other type of unethical behaviour from the

I while investigation is in progress or later

.esses to the committee as soon as possible'accused against the complainant/witne

lr,;kllabe reported by the complainant/wi

Complainant made with a malicious int

Email : hareraguruglanx(r gmarl'com' rer€

An Authority constituted un-der-,ec1i9n J!^tlte

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ffiHARERT}ffi- eunueRAM

HARYANA EAL ESTATE REGULATORY AUTHORITY

GURUG

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If on investigation it is revealed that the com

with the intent of tarnishing someone's reput

disciplinary action shall be taken against the

While deciding malicious intent, the commi

mplainant.should consider that mere inability to

s intent. Malicious intent must be clearly

laint was made with a

tion or settle personal

malicious intent, i.escore, or otherwise,

substantiate a complaint need not mean malic

established during the inquirY.

The Authority shall further include in its an

and their disposal under this Act, in the annu I report of the AuthoritY.

Appeal:Any party not satisfied or further agg

implementation of recommendations made,

accordance with The Sexual Harassment a

Redressal) Act 20L3 and the rules mrecommendations being communicated.

Annual ReportThe committee shall prepare an annual repo

account of the activities during the previous

Third party harassment:

Where the har;rssment occurs as a result

outsider, the ernployee and the person in

reasonable to assist the affected person in t

POSH Training:The "prevention of sexual harassment" trai

at HARERA, Gurugram office and attendanc

would be conducted by the Chairperson of

ieved by the implementation or non-

may appeal to the appellate authority in

Workplace (Prevention, Prohibition and

e thereunder, within 90 daYs of the

at the end of every financialyear, giving full

ar to the AuthoritY.

al report the ntrmber of cases filed, if any,

an act or omission bY anY third

arge will take all necessarY stePs

of support or Preventive action.

ing would be conducted at least once a year

of all employees is mandatory. The training

e I/C or any senior female employee of the

m it is mandatory to attend the internal

w-joiners.

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party or

that are

Authority, having experience in socialwork r legal knowledge.

- For 9ew employee joining HARERA, Guru

WH training conducted every quarter for

Emall : hareragurugram@gmail'com, reraAn Authority constituted under section 20^th-e

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